ORDER (COMMON)

M.N. Bhandari, J.—The facts in brief in Criminal Misc. Petition No.2551/2012 are that a complaint for offence under section 138 of the Negotiable Instruments Act, 1881 (for short ‘the Act’) was filed. During the course of trial, petitioner moved an application for re-trial as evidence cannot be used by successor Magistrate in summary trial. He should make fresh trial of the complaint. The application aforesaid was dismissed so as the revision petition. Hence, criminal misc. petition. In other two criminal revision petitions, applications of similar nature were dismissed by the trial court.

2. Learned counsel for petitioners submit that as per section 143 of the Act of 1881, complaint for offence under section 138 of the Act is to be tried summarily. It is as per the procedure given under section 262 to 265 CrPC. The conviction and sentence can however be for imprisonment upto one year and fine upto Rs.5000/-.

3. In view of the aforesaid, complaint for offence under section 138 of the Act cannot be tried as summons case. In the instant case, evidence was recorded by the predecessor Magistrate thus as per section 262 to 265 read with section 326(3) CrPC, successor Magi